Commonwealth Electoral Act 1918 (Cth)

Commonwealth Electoral Act 1918

No. 27, 1918

Compilation No. 79

Compilation date: 21 February 2025

Includes amendments: Act No. 16, 2025

This compilation is in 2 volumes

Volume 1:sections 1–286

Volume 2: sections 286A–396

Schedules

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Commonwealth Electoral Act 1918 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes

Part IPreliminary 1Short title

This Act may be cited as the Commonwealth Electoral Act 1918.

2Commencement

The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation.

3Repeal

(1)
The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation.
(2)
All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder.

4Interpretation

(1)
In this Act unless the contrary intention appears:
abbreviation of the name of a political party means a shortened version, or an acronym, of the party’s name and does not include an alternative name of the party.
above the line: a square is printed above the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(ii).
AFP officer or staff member means:
(a)
a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or
(b)
a special protective service officer, within the meaning of that Act; or
(c)
an AFP employee, within the meaning of that Act; or
(d)
a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act.
answers: a person answers a mandatory question in the qualification checklist if the person marks one (and only one) box that is:
(a)
directly under the question; and
(b)
adjacent to the word “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.
Antarctica means the Australian Antarctic Territory and includes:
(a)
the Territory of Heard Island and McDonald Islands; and
(b)
Macquarie Island .
Antarctic elector means an elector who is, in the course of the elector’s employment:
(a)
in Antarctica; or
(b)
on a ship at sea in transit to or from Antarctica.
approved form means:
(a)
a form that:
(i)
is approved by the Electoral Commissioner in writing; and
(ii)
has been published by the Electoral Commissioner; or
(b)
a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission’s website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
approved list of voters for a Division means a list in electronic form that:
(a)
contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b)
is approved by the Electoral Commissioner for use in connection with voting under this Act.
Australia includes:
(a)
Norfolk Island; and
(b)
the Territory of Cocos (Keeling) Islands; and
(c)
the Territory of Christmas Island .
Australian Capital Territory includes (except in Part III) Norfolk Island and the Jervis Bay Territory .
Note: For the definition of Australian Capital Territory in Part III, see section 38A.
Australian passport means a passport issued under the Australian Passports Act 2005.
below the line: a square is printed below the line on a ballot paper if the square is printed on the ballot paper in accordance with subparagraph 210(1)(f)(i).
bulk nomination has the meaning given by subsection 167(3).
capital city office of the Electoral Commission has the meaning given by subsection 90A(3).
carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997.
Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905.
certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1).
child of a person includes:
(a)
an ex‑nuptial child of the person; and
(b)
a child adopted by the person; and
(c)
a child of the person within the meaning of the Family Law Act 1975.
civil penalty order has the meaning given by subsection 82(4) of the Regulatory Powers Act.
civil penalty provision has the meaning given by the Regulatory Powers Act.
compartment means:
(a)
in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 206; and
(b)
in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 200DE.
Note: For the places at which pre‑poll ordinary voting is available, see section 200DD.
Controller‑General of Prisons:
(a)
of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) having control of the prisons and gaols of the State or Territory; and
(b)
of a non‑self‑governing Territory—means the principal officer (however described) having control of the prisons and gaols of the non‑self‑governing Territory.
courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
declaration time has the meaning given by subsection 175(2).
declaration vote means:
(a)
a postal vote;
(b)
a pre‑poll declaration vote;
(c)
an absent vote; or
(d)
a provisional vote.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
defence member has the same meaning as in the Defence Force Discipline Act 1982.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19.
designated elector: see subsection 202AH(1).
dividing line means the line on a ballot paper that separates the voting method described in subsection 239(1) from the voting method described in subsection 239(2).
Division means an Electoral Division for the election of a member of the House of Representatives.
DRO means Divisional Returning Officer.
election and ballot matters means matters relating to Parliamentary elections, elections, ballots under the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009, and referendums.
Elector means any person whose name appears on a Roll as an elector.
Electoral Commission means the Australian Electoral Commission established by section 6.
Electoral Commissioner means the Electoral Commissioner referred to in section 18.
electoral matter has the meaning given by section 4AA.
Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign campaigner means a person or entity referred to in a paragraph of section 287AA.
Note: A person or entity referred to in a paragraph of section 287AA is also a foreign donor for the purposes of Part XX.
General election means a general election of the members of the House of Representatives.
Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
House of Representatives election means an election of a member of the House of Representatives.
how‑to‑vote card means a card, handbill or pamphlet:
(a)
that:
(i)
is, or includes, a representation of a ballot paper or part of a ballot paper for an election (or something apparently intended to represent a ballot paper or part of a ballot paper for an election); and
(ii)
is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or
(b)
that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or
(c)
that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet:
(i)
that only relates to first preference votes; or
(ii)
that only relates to last preference votes.
Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.
Issuing point, in relation to a polling booth, means a place within the polling booth at which ballot papers are issued to persons voting at the booth.
Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector.
Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State.
listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997.
mandatory question in the qualification checklist means a question to which the answer is “Yes” or “No”, or (if applicable) “Unknown” or “N/A”.
next of kin has a meaning affected by subsection (11).
non‑self‑governing Territory means Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.
Northern Territory includes (except in Part III) the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island .
Note: For the definition of NorthernTerritory in Part III, see section 38A.
nursing home means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 28.
Organization includes:
(a)
a body corporate;
(b)
an association or other body of persons;
(c)
an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d)
a part of an organization within the meaning of a preceding paragraph.
Part, in relation to an organization, includes:
(a)
a branch or division of the organization; and
(b)
a part of a part of the organization.
police officer means a member of the Australian Federal Police or of the police force of a State or Territory.
political entity means any of the following:
(a)
a registered political party;
(b)
a State branch (within the meaning of Part XX) of a registered political party;
(c)
a candidate (within the meaning of that Part) in an election (including a by‑election);
(d)
a member of a group (within the meaning of that Part).
Note: For candidates and groups, see subsection 287(9).
Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it.
Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling.
polling official means a deputy presiding officer or an assistant presiding officer.
Polling place means a place appointed as a polling place in pursuance of section 80.
pre‑poll declaration vote: see subsection 200AA(2).
pre‑poll ordinary vote: see subsection 200AA(2).
pre‑poll voting office for an election means a place declared by the Electoral Commissioner under subsection 200BA(1) to be a pre‑poll voting office for the election.
pre‑poll voting officer means:
(a)
an Assistant Divisional Returning Officer; or
(b)
an officer appointed under section 200B.
prescribed authority means:
(a)
the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or
(b)
the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition.
provisionally enrolled has the meaning given by subsection (1B).
provisional vote means a vote cast under section 235.
qualification checklist means the checklist in Form DB of Schedule 1.
real place of living includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place.
Registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
Registered political party means a political party that is registered under Part XI.
Register of Political Parties means the Register of Political Parties established under section 125.
Registrar‑General:
(a)
of a State, the Australian Capital Territory (not including a non‑self‑governing Territory) or the Northern Territory (not including a non‑self‑governing Territory)—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the State or Territory; and
(b)
of a non‑self‑governing Territory—means the principal officer (however described) who is charged with the duty of registering births, deaths and marriages occurring in the non‑self‑governing Territory.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer.
Roll means an Electoral Roll under this Act.
Senate election means an election of Senators for a State or Territory.
sentence of imprisonment has the meaning given subsection (1A).
Subdivision means a subdivision of a Division.
substitute presiding officer means a person holding an appointment under section 204.
Territory means (except in Part III) the Australian Capital Territory or the Northern Territory .
Note: For the definition of Territory in Part III, see section 38A.
video recording includes a video recording that is recorded on means other than a videotape.
(1A)
For the purposes of this Act, a person is serving a sentence of imprisonment only if:
(a)
the person is in detention on a full‑time basis for an offence against a law of the Commonwealth or a State or Territory; and
(b)
that detention is attributable to the sentence of imprisonment concerned.
(1B)
A person is provisionally enrolled if the person is provisionally enrolled under section 99B.
(2)
For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first‑mentioned organization is a part, endorses the candidate in that election.
(3)
A reference in this Act to age 16 enrolment shall be read as a reference to enrolment in pursuance of section 100.
(4)
Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
(5)
In this Act, unless the contrary intention appears:
(a)
a reference to a Division shall be read as including a reference to a Territory to which section 55A does not apply; and
(b)
a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1).
(6)
This Act extends to:
(a)
Norfolk Island; and
(b)
the Territory of Cocos (Keeling) Islands; and
(c)
the Territory of Christmas Island .
(7)
In relation to a Senate election, a provision of this Act that:
(a)
provides for the giving of a document to; or
(b)
confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted.
(7A)
Unless the contrary intention appears, a reference in this Act to an election or poll in, for or in relation to, a Division or Subdivision, includes a reference to a Senate election, or a poll for a Senate election, for the State or Territory that includes the Division or Subdivision.
(8)
In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that:
(a)
provides for the giving of a document to; or
(b)
confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division.
(10)
In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette, to be the principal office of the Commission in that place.
(11)
In determining whether a person is next of kin of another person, the following persons are also to be taken into account:

(a)
a de facto partner of the person;
(b)
a child of the person, or someone of whom the person is a child, because of the definition of child in this section;
(c)
anyone else who would be a relative of the person because someone mentioned in paragraph (a) or (b) is taken into account.
(12)
In this Act:
(a)
a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and
(b)
a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.

4AAMeaning of electoral matter

(1)
Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (a federal election) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing:
(a)
a political entity, to the extent that the matter relates to a federal election; or
(b)
a member of the House of Representatives or a Senator.
Note: Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication).
(2)
For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1).
Rebuttable presumption for matter that expressly promotes or opposes political entities etc.
(3)
Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes:
(a)
a political entity, to the extent that the matter relates to a federal election; or
(b)
a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;
is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.
Matters to be taken into account
(4)
Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:
(a)
whether the communication or intended communication is or would be to the public or a section of the public;
(b)
whether the communication or intended communication is or would be by a political entity or significant third party (within the meaning of Part XX);
(c)
whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;
(d)
whether the communication or intended communication is or would be received by electors near a polling place;
(e)
how soon a federal election is to be held after the creation or communication of the matter;
(f)
whether the communication or intended communication is or would be unsolicited.
Exceptions
(5)
Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter:
(a)
forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or
(b)
is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or
(c)
is or would be a private communication by a person to another person who is known to the first person; or
(d)
is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or
(e)
is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or
(f)
occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

4AExtraterritorial operation of Act

This Act extends to officers outside Australia .

4BAct to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

4CRegistered officer of political party

(1)
Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown in the Register of Political Parties as the registered officer of the party.
Note: A person must not be the registered officer or a deputy registered officer of more than one registered political party at a particular time (see subsection 126(2B)).
(2)
A reference in Part XIV or XVI to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a party as a deputy registered officer of the party for the purposes of this Act.
(3)
A nomination under subsection (2):
(a)
must be in writing, signed by the registered officer and lodged with the Commission; and
(b)
must specify the name and address of the person nominated and bear the signature of that person; and
(ba)
must include a signed declaration by the person nominated that subsection 126(2B) is not contravened by lodging the nomination of the person as the deputy registered officer; and
(c)
may be revoked at any time by the registered officer by written notice lodged with the Commission.
(4)
A nomination of a person as a deputy registered officer under subsection (2) is invalid if subsection 126(2B) is contravened by lodging the nomination of the person as the deputy registered officer.

4DApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIAdministrationDivision 1Preliminary5Interpretation

In this Part:
acting Commissioner includes a person acting as the Electoral Commissioner.
appointed Commissioner means the Chairperson or the non‑judicial appointee.
Chairperson means the Chairperson of the Commission.
Commission means the Commission established by section 6.
Commissioner means a member of the Commission, and includes the Chairperson.
electoral officer means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State.
eligible Judge means:
(a)
a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or
(b)
a former Judge of that Court who was such a Judge for a period of at least 3 years.
non‑judicial appointee means the Commissioner referred to in paragraph 6(2)(c).
Parliamentary matters includes matters relating to the role and functions of the Parliament.

5AApplication of Part in relation to Northern Territory

This Part has effect as if a reference to a State included a reference to the Northern Territory .

Division 2The Australian Electoral Commission6Establishment of Commission

(1)
There is established by this section a Commission by the name of the Australian Electoral Commission.
(2)
The Commission shall consist of:
(a)
a Chairperson;
(b)
the Electoral Commissioner; and
(c)
one other member.
(2A)
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a)
the Commission is a listed entity; and
(b)
the Electoral Commissioner is the accountable authority of the Commission; and
(c)
the following persons are officials of the Commission:
(i)
the Electoral Commissioner;
(ii)
the Deputy Electoral Commissioner;
(iii)
the Australian Electoral Officer for a State or Territory;
(iv)
the staff of the Commission referred to in section 29; and
(d)
the purposes of the Commission include:
(i)
the functions of the Commission referred to in section 7; and
(ii)
the functions of the Electoral Commissioner referred to in subsection 18(2).
(3)
The Chairperson and the non‑judicial appointee shall be appointed by the Governor‑General and shall hold office on a part‑time basis.
(4)
The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor‑General for the purposes of this section by the Chief Justice of the Federal Court of Australia.
(5)
A person shall not be appointed as the non‑judicial appointee unless the person is the holder of:
(a)
an office of Agency Head (within the meaning of the Public Service Act 1999); or
(b)
an office established by or under an Act and having, in the opinion of the Governor‑General, a status equivalent to that of an office referred to in paragraph (a).
(6)
The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.

7Functions and Powers of Commission

(1)
The functions of the Commission are:
(a)
to perform functions that are permitted or required to be performed by or under this Act, not being functions that:
(i)
a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or
(ii)
consist of the appointment of a person to an office; and
(b)
to consider, and report to the Minister on, election and ballot matters referred to it by the Minister and such other election and ballot matters as it thinks fit; and
(c)
to promote public awareness of election and ballot matters, and Parliamentary matters, by means of the conduct of education and information programs and by other means; and
(d)
to provide information and advice on election and ballot matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and
(e)
to conduct and promote research into election and ballot matters and other matters that relate to its functions; and
(f)
to publish material on matters that relate to its functions; and
(fa)
to provide, in cases approved by the Foreign Affairs Minister, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and
(g)
to perform such other functions as are conferred on it by or under any law of the Commonwealth.
(2)
The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory .
(3)
The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.

7ASupply of goods and services

(1)
Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection.
(1A)
The arrangements the Commission may make under subsection (1) may cover the same matters that may be covered by a section 84 arrangement.
(1B)
An arrangement under subsection (1) may supplement a section 84 arrangement.
(1C)
The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by this Act.
Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6.
(1D)
To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken:
(a)
to be authorised by this Act; and
(b)
not to contravene any provision of this Act.
Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6.
(1E)
A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for:
(a)
entering into, or proposing to enter into, an arrangement under subsection (1); or
(b)
taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates.
(1F)
If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights.
Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Australian Human Rights Commission Act 1986.
(1G)
Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901.
(2)
The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using:
(a)
information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or
(b)
expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law.

7BFees for goods and services

Unless otherwise provided by or under this Act or another Act, reasonable fees may be charged for goods or services supplied under section 7A.

8Tenure and terms of office

(1)
Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(3)
Where:
(a)
at any time, a person who is the non‑judicial appointee holds an office of a kind referred to in paragraph 6(5)(a);
(b)
the person ceases to be the holder of that office; and
(c)
the person does not, immediately upon ceasing to hold that office, commence to hold another such office;
the person shall cease to be a Commissioner.
(4)
Where:
(a)
a person who was appointed as the non‑judicial appointee by virtue of holding an office referred to in paragraph 6(5)(b) ceases to hold that office; and
(b)
the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 6(5)(a);
the person shall cease to be a Commissioner.
(5)
An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.

9Leave of absence

The Commission may grant the non‑judicial appointee leave of absence from a meeting of the Commission.

10Resignation

An appointed Commissioner may resign by delivering to the Governor‑General a signed notice of resignation.

11Disclosure of interests

(1)
A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission.
(2)
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines:
(a)
be present during any deliberation of the Commission with respect to that matter; or
(b)
take part in any decision of the Commission with respect to that matter.
(3)
This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

12Termination of appointment

If the non‑judicial appointee:
(a)
is absent, except on leave granted by the Commission in accordance with section 9, from 3 consecutive meetings of the Commission; or
(b)
fails, without reasonable excuse, to comply with his or her obligations under section 11;
the Governor‑General shall terminate the appointment of the non‑judicial appointee.

13Acting Chairperson

The Governor‑General may appoint a person to act as Chairperson:
(a)
during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

14Acting non‑judicial appointee

The Governor‑General may appoint a person to act as the non‑judicial appointee:
(a)
during a vacancy in the office of the non‑judicial appointee, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the non‑judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

14ARemuneration

(1A)
This section applies to:
(a)
a person who is acting as Chairperson or as the non‑judicial appointee; or
(b)
the Chairperson, if he or she is a former Judge of the Federal Court of Australia.
(1)
A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.
(2)
The person shall be paid such allowances as are prescribed.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

15Meetings of Commission

(1)
The Chairperson may, at any time, convene a meeting of the Commission.
(2)
The Chairperson shall convene such meetings of the Commission as, in his or her opinion, are necessary for the efficient performance of its functions.
(3)
At a meeting of the Commission, 2 Commissioners constitute a quorum.
(4)
The Chairperson shall preside at all meetings of the Commission at which he or she is present.
(5)
If the Chairperson is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting.
(6)
Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(7)
The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
(8)
If, at any meeting of the Commission at which 2 Commissioners only are present, not being a meeting from which a Commissioner is absent by reason of section 11, the Commissioners differ in opinion on any matter, the determination of that matter shall be postponed to a full meeting of the Commission.
(9)
The Commission may regulate the conduct of proceedings at its meetings as it thinks fit.

(10)
In this section:
(a)
a reference to the Chairperson shall, if a person is acting as Chairperson, be construed as a reference to the person so acting; and
(b)
a reference to a Commissioner shall, if a person is acting as the Chairperson, the non‑judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting.

16Delegation by Commission

(1)
The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under:
(a)
this Act, other than its powers under Part IV; or
(b)
any other law.
(2)
A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(3)
A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate.

17Reports by the Commission

(1A)
A report prepared by the Electoral Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars for the period of:
(a)
each person or organisation to whom the Commission has provided a copy of a Roll under subsection 90B(1); and
(b)
each person or organisation to whom the Commission has given a copy of a Roll, or an extract of a Roll, under subsection 90B(4).
(2)
The Commission shall, as soon as practicable after the polling day in:
(a)
a general election and any Senate election that had the same polling day as that general election; or
(b)
a Senate election (other than a Senate election referred to in paragraph (a));
prepare and furnish to the Minister a report of the operation of Part XX in relation to that election or those elections.
(2A)
A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305A(1) or (1A) in relation to that election.
(2B)
The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate.
(2C)
Subject to section 17A, the Commission must include in any report referred to in this section particulars of the operation of section 314AN since the preparation of the last report referred to in this section that included particulars of the operation of that section.
(3)
Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report under subsection (2).
(4)
The Minister shall cause a copy of a report furnished under subsection (2) or (2B) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.
(5)
A report referred to in this section need not include particulars of a matter if those particulars have been included in an earlier report referred to in this section.

17ACertain particulars not to be included in reports

(1)
If:
(a)
a notice is given to a prescribed person, or an officer of a prescribed person, under subsection 314AN(2); and
(b)
information is given, or documents or things are produced, in compliance with that notice;
a report referred to in section 17 must not include particulars of any such information given or contained in such documents or other things, unless, in the opinion of the Electoral Commission, the information relates to a contravention or potential contravention of a civil penalty provision in this Act.
(2)
In this section:
prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A).

Division 3Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States18Electoral Commissioner

(1)
There shall be an Electoral Commissioner.
(2)
The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him or her by or under any law of the Commonwealth.
(3)
The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act.

19Deputy Electoral Commissioner

(1)
There shall be a Deputy Electoral Commissioner.
(2)
The Deputy Electoral Commissioner shall perform such duties as the Electoral Commissioner directs.
(3)
Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner:
(a)
during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901.
(4)
The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 26 is acting in that office.

20Australian Electoral Officers for States

(1)
There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State.
(2)
An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him or her by any law of the Commonwealth or of a Territory.
(3)
An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State.

21Terms and conditions of appointment etc.

(1)
An electoral officer shall be appointed by the Governor‑General.
(2)
Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4)
An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor‑General.

22Remuneration

(1)
An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the officer shall be paid such remuneration as is prescribed.
(2)
An electoral officer shall be paid such allowances (if any) as are prescribed.
(3)
This section has effect subject to the Remuneration Tribunal Act 1973.

23Leave of absence

(1)
An electoral officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2)
The Commission may grant an electoral officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.

24Resignation

An electoral officer may resign by delivering to the Governor‑General a signed notice of resignation.

25Termination of appointment

(1)
The Governor‑General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.
(2)
If an electoral officer:
(a)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b)
is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c)
engages in paid employment outside the duties of his or her office without the approval of the Commission;
the Governor‑General shall terminate the appointment of the electoral officer.
(3)
The Governor‑General must terminate the appointment of the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, if the Commissioner or Deputy fails, without reasonable excuse, to comply with his or her obligations under:
(a)
section 11; or
(b)
section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

26Acting Electoral Commissioner

The Governor‑General may appoint a person to act as the Electoral Commissioner:
(a)
during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when:
(i)
the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and
(ii)
no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

27Acting Deputy Electoral Commissioner

The Governor‑General may appoint a person to act as the Deputy Electoral Commissioner:
(a)
during a vacancy in the office of the Deputy Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

28Delegation by Electoral Commissioner

(1)
The Electoral Commissioner may, in writing, delegate all or any of his or her powers or functions under this Act, other than the powers and functions conferred by Parts III and IV and sections 240A, 241, 242 and 396, and sections 273AA, 273AB and 273AC, to any of the following:
(a)
any officer;
(b)
any other member of the staff of the Electoral Commission.
Note: The definition of officer covers Australian Electoral Officers and Divisional Returning Officers, as well as various other people.
(2)
In exercising powers or performing functions delegated under subsection (1), the delegate must comply with any directions of the Electoral Commissioner.

Division 4Staff of the Commission29Staff

(1)
Subject to subsection (2), the staff of the Commission shall consist of:
(a)
persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and
(b)
persons employed or engaged by the Commission under this Division.
(2)
For the purposes of the Public Service Act 1999:
(a)
the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and
(b)
the Electoral Commissioner is the Head of that Statutory Agency.

30Australian Electoral Officer for the Australian Capital Territory

(1)
The Commission shall, for the purposes of each election, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment shall terminate upon the completion of the election.
(2)
The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

31Assistant Australian Electoral Officers for States

(1)
The Commission shall appoint an Assistant Australian Electoral Officer for each State.
(2)
An Assistant Australian Electoral Officer for a State shall assist the Australian Electoral Officer for the State.
(3)
An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State:
(a)
during a vacancy in the office of Australian Electoral Officer for the State, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to persons acting as the Australian Electoral Officer for a State, see section 33A of the Acts Interpretation Act 1901.

32Divisional Returning Officers

(1)
There shall be a Divisional Returning Officer for each Division, who shall be charged with the duty of giving effect to this Act within or for the Division subject to the directions of the Electoral Commissioner and the Australian Electoral Officer for the State or, if the Division is, or is part of, the Australian Capital Territory, the directions of the Electoral Commissioner.
(2)
A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division.

33Assistant Returning Officers

(1)
The Electoral Commissioner may, for the purposes of a particular election, appoint a person to be an Assistant Returning Officer.
(2)
A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act.
(3)
An appointment under subsection (1) terminates upon completion of the election.

34Assistant Divisional Returning Officers

(1)
A person may be appointed to be an Assistant Divisional Returning Officer for a Subdivision.
(2)
The Electoral Commissioner may appoint an Assistant Divisional Returning Officer for a District referred to in subsection 79(2).
(3)
A person appointed to be an Assistant Divisional Returning Officer for a Subdivision may, subject to the control of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.

35Employment of additional staff, consultants etc.

(1)
The Commission may, on behalf of the Commonwealth, employ, under agreements in writing:
(a)
such temporary staff as the Commission thinks necessary for the purposes of:
(i)
the conduct of an election, referendum, ballot or Roll review; or
(ii)
the conduct of education and information programs referred to in paragraph 7(1)(c); and
(b)
such senior executive staff as the Commission thinks necessary to assist the Commission in the performance of its functions and otherwise for the purposes of this Act.
(2)
The Commission may, on behalf of the Commonwealth, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to, or to perform services for, the Commission.
(3)
The terms and conditions of employment of persons employed under subsection (1) are such as are from time to time determined by the Commission.
(4)
The terms and conditions of engagement of persons engaged under subsection (2) are such as are from time to time determined by the Commission.

Division 5Miscellaneous36Candidates not to be officers

No candidate shall be appointed an officer, and an officer who becomes a candidate shall thereby vacate his or her office.

37AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers

(1)
The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform:
(a)
in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or
(b)
in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions.
(2)
An authorisation:
(a)
may be made subject to conditions or limitations specified in the authorisation; and
(b)
does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter.
Effect of authorisation relating to DROs
(3)
If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division:
(a)
the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to:
(i)
any condition or limitation under paragraph (2)(a); and
(ii)
any direction of a Divisional Returning Officer for the Division; and
(b)
a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person.
Effect of authorisation relating to Assistant Divisional Returning Officers
(4)
If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision:
(a)
the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to:
(i)
any condition or limitation under paragraph (2)(a); and
(ii)
any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and
(b)
a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person.
Note: As a result of subsection 34(3), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated.

38Offices of Divisional Returning Officers

(1)
The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located.
(2)
However, subsection (1) does not apply if:
(a)
the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and
(b)
either:
(i)
within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or
(ii)
the office is currently being relocated within the Division.
(3)
A written authority given under subsection (1) is not a legislative instrument.

Part IIIRepresentation in the ParliamentDivision 1AAPreliminary38AASimplified outline of this Part

This Part deals with how members and Senators are chosen for the Parliament, and related rules.
Division 1 deals with Senators for Queensland. These Senators are chosen by the people of Queensland voting as one electorate.
Division 2 deals with Senators for the Territories, setting out some rules relating to Senators of Territories (such as numbers of Senators, powers, privileges and immunities, and term of service).
Division 3 deals with representation of States and Territories in the House of Representatives. The number of members of the House of Representatives is based on the population of the Commonwealth, the States and the Territories, as determined by the Australian Statistician.
The number of members is worked out using a quota, which is the number of people of the Commonwealth (excluding the populations of Territories) divided by twice the number of Senators for the States. This produces a national average population for each member.
For States, the number of members is worked out by dividing the population which is worked out for the State by the quota (rounding up if the remainder is more than 0.5).
For Territories, the number of members is worked out the same way, except that the result is rounded using the harmonic mean. The harmonic mean is a method of rounding that improves proportionality and addresses under‑representation of Territories by minimising the gap between the average population per member in the Territories, compared with the national average population for the States (as measured by the quota).

s 384..........................................	ad No 144, 1983
am No 61, 2016; No 147, 2018
s 384A.......................................	ad No 99, 2017
am No 147, 2018
s 385..........................................	am No 144, 1983
s 385A.......................................	ad No 219, 1992
am No 65, 2006; No 8, 2010; No 110, 2010
rs No 99, 2017
am No 92, 2021
s 386..........................................	am No 144, 1983; No 109, 2001; No 67, 2018
s 386A.......................................	ad No 203, 1991
rep No 219, 1992
ad No 25, 2016
am No 2, 2019
s 387..........................................	am No 56, 1975; No 144, 1983; No 24, 1990; No 147, 2018
s. 387A......................................	ad. No. 219, 1992
am. No. 78, 2004
s. 388.........................................	am. No. 17, 1928
s. 389.........................................	am. No. 19, 1940
s. 390.........................................	ad. No. 26, 1961
am. No. 24, 1990; No. 219, 1992; Nos. 110 and 111, 2012
s. 390A......................................	ad. No. 219, 1992
am. No. 8, 2010; Nos. 110 and 111, 2012
s 391..........................................	ad No 45, 1984
am No 24, 1990; No 219, 1992
ed C64
am No 95, 2020
s 392..........................................	am No 144, 1983; No 24, 1990; No 2, 2019
s. 393.........................................	am. No. 144, 1983
rs. No. 24, 1990
rep. No. 94, 1998
s. 393A......................................	ad. No. 24, 1990
am. No. 94, 1998; Nos. 8, 109 and 110, 2010; No. 26, 2013; No 25, 2016
s. 394.........................................	ad. No. 14, 1922
am. No. 144, 1983; No. 45, 1984; No. 167, 1991; No. 121, 1992
rs No 33, 2016
s 395..........................................	am No 10, 1924; No 93, 1966; No 144, 1983; No 157, 2007; No 8, 2010; No 61, 2016
s 396..........................................	ad No 136, 2021
Schedule 1
Schedule heading........................	rep No 24, 1990
Schedule 1 heading......................	ad No 24, 1990
Schedule....................................	ad No 144, 1983
Form A......................................	rs No 144, 1983
am No 45, 1984; No 24, 1990; No 78, 2004
Form AA....................................	ad No 144, 1983
am No 45, 1984; No 24, 1990; No 78, 2004
Form B......................................	rs No 144, 1983
am No 45, 1984; No 24, 1990; No 78, 2004
Form C......................................	rs No 144, 1983
am No 45, 1984
rs No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010; No 2, 2019
Form CA....................................	ad No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010; No 25, 2016; No 2, 2019
Form CB....................................	ad No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010
rep No 19, 2013
Form CC....................................	ad No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010; No 25, 2016; No 2, 2019
Form D......................................	rs No 144, 1983
am No 45, 1984
rs No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010; No 2, 2019
Form DA....................................	ad No 35, 1987
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 339, 1988); No 78, 2004; No 8, 2010; No 25, 2016; No 2, 2019
Form DB....................................	ad No 2, 2019
am No 74, 2023
Form E.......................................	rs No 144, 1983; No 45, 1984
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 287, 1984; Statutory Rules No 21, 1995)
rs No 24, 1990; No 34, 2001; No 25, 2016; No 95, 2020
Form F.......................................	rs No 144, 1983
am Statutory Rules No 163, 1940 (as am by Statutory Rules No 32, 1989; Statutory Rules No 422, 1992); No 45, 1984
rs No 34, 2001; No 25, 2016
Schedule 2
Schedule 2..................................	ad No 24, 1990
am No 167, 1991; No 115, 2004; No 123, 2004; No 110, 2010; No 19, 2013; No 16, 2025
Schedule 3
Schedule 3..................................	ad No 24, 1990
am No 167, 1991; No 166, 1995; No 94, 1998; No 134, 1999; No 34, 2001; No 115, 2004; No 65, 2006 (as am by No 73, 2008); No 8, 2010; No 110, 2010; No 29, 2011; No 37, 2011; No 111, 2012; No 19, 2013; No 2, 2019; No 95, 2020; No 92, 2021; No 93, 2021
ed C71
am No 16, 2025

Endnote 5Proclamation details for section 3

For Proclamations fixing the dates of repeal of these Acts: see Gazettes 1918, p. 2257; 1919, p. 401 and 1934, p. 1351.

Endnote 6Repeal table

The amendment history of the repealed provisions of the Commonwealth Electoral Act 1918 up to and including the Commonwealth Electoral Legislation Amendment Act 1984 (No. 45, 1984) appears in the table below.

Provision affected	How affected
s. 4........................................	rs. No. 26, 1961
rep. No. 14, 1977
s. 12......................................	rep. No. 144, 1983
Part III................................... (ss. 14A, 15–18, 18A, 19–23, 23A, 24, 25, 25A)	rep. No. 144, 1983
s. 14A...................................	ad. No. 14, 1977
rep. No. 144, 1983
s. 15......................................	rep. No. 144, 1983
s. 18A...................................	ad. No. 48, 1965
am. No. 14, 1977
rep. No. 144, 1983
s. 23A...................................	ad. No. 48, 1965
rep. No. 144, 1983
s. 28......................................	rep. No. 144, 1983
ss. 44, 45...............................	rep. No. 144, 1983
Part IX (s. 58)........................	rep. No. 144, 1983
s. 87A...................................	ad. No. 10, 1949
am. No. 93, 1966
rep. No. 144, 1983
s. 93A...................................	ad. No. 14, 1922
am. No. 17, 1928; No. 93, 1966
rep. No. 144, 1983
s. 105....................................	rep. No. 144, 1983
s. 105B..................................	ad. No. 48, 1965
rep. No. 144, 1983
Part XVI (s. 153)....................	rep. No. 144, 1983
s. 164BA...............................	ad. No. 47, 1949
am. No. 93, 1966
rep. No. 144, 1983
s. 164BB...............................	ad. No. 47, 1949
am. No. 19, 1979
rep. No. 144, 1983
s. 166....................................	am. No. 93, 1966
rep. No. 144, 1983
s. 178....................................	am. No. 93, 1966
rep. No. 144, 1983
s. 182....................................	rep. No. 144, 1983
s. 189A..................................	ad. No. 14, 1922
am. No. 17, 1928
rep. No. 48, 1965
s. 212....................................	rs. No. 9, 1934
rep. No. 56, 1975
s. 214....................................	am. No. 2, 1929
rep. No. 144, 1983
The Schedule.........................	am. No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 9, 1934; No. 19, 1940; No. 26, 1961; No. 93, 1966; No. 102, 1980
rep. No. 144, 1983

Endnote 7Renumbering table

The renumbering of provisions of the Commonwealth Electoral Act 1918, made by the Commonwealth Electoral Legislation Amendment Act 1984 (No. 45, 1984) appears in the table below.

Old Number	New Number
Section	Section
1	1
2	2
3	3
5	4
6	5
7	6
7A	7
7B	8
7C	9
7D	10
7E	11
7F	12
7G	13
7H	14
7J	15
7K	16
7L	17
7M	18
7N	19
7O	20
7P	21
7Q	22
7R	23
7S	24
7T	25
7U	26
7V	27
7W	28
Section	Section
7X	29
7Y	30
7Z	31
8	32
9	33
10	34
11	35
13	36
14	37
15	38
16	39
17	40
18	41
19	42
20	43
21	44
22	45
23	46
24	47
25	48
25A	49
25B	50
25C	51
25D	52
25E	53
25F	54
Part IIIA	Part IV
Section	Section
25G	55
25H	56
25I	57
25J	58
25K	59
25L	60
25M	61
25N	62
25P	63
25Q	64
25R	65
25S	66
25T	67
25U	68
25V	69
25W	70
25X	71
25Y	72
25Z	73
25ZA	74
25ZB	75
25ZC	76
25ZD	77
25ZE	78
Part IV	Part V
Section	Section
26	79
27	80
Part V	Part VI
Section	Section
29	81
30	82
31	83
32	84
33	85
33A	86
34	87
Section	Section
35	88
36	89
37	90
37A	91
38	92
Part VI	Part VII
Section	Section
39	93
39A	94
39B	95
39C	96
39D	97
Part VII	Part VIII
Section	Section
40	98
41	99
41A	100
42	101
43	102
46	103
46A	104
47	105
47A	106
48	107
49	108
50	109
51	110
51A	111
51B	112
Part VIII	Part IX
Section	Section
52	113
53	114
54	115
55	116
56	117
57	118
57A	119
Part IX	Part X
Section	Section
58	120
58AA	121
58AB	122
Part IXA	Part XI
Section	Section
58A	123
58B	124
58C	125
58D	126
58E	127
58F	128
58G	129
58H	130
58J	131
58K	132
58L	133
58M	134
58N	135
58P	136
58Q	137
58R	138
58S	139
58T	140
58U	141
Part IXB	Part XII
Section	Section
58V	142
58W	143
58X	144
58Y	145
58Z	146
58ZA	147
58ZB	148
58ZC	149
58ZD	150
Part X	Part XIII
Section	Section
59AA	151
59	152
60	153
61	154
61A	155
62	156
63	157
64	158
65	159
66	160
67	161
Part XI	Part XIV
Section	Section
68	162
69	163
70	164
70A	165
71	166
72	167
72A	168
72B	169
73	170
74	171
75	172
76	173
77	174
78	175
79	176
80	177
81	178
82	179
83	180
84	181
Part XII	Part XV
Section	Section
85AA	182
85AB	183
85	184
86	185
86A	186
87	187
88	188
89	189
90	190
91	191
91A	192
91B	193
92	194
93	195
93B	196
94	197
94A	198
95	199
96	200
96A	201
97	202
Part XIII	Part XVI
Section	Section
98	203
99	204
100	205
101	206
102	207
103	208
104	209
105A	210
106	211
106A	212
106B	213
106C	214
107	215
107A	216
Section	Section
108	217
109	218
110	219
111	220
112	221
113	222
113A	223
113B	224
113C	225
113D	226
114	227
114A	228
115	229
116	230
117	231
118	232
119	233
120	234
121	235
121A	236
121B	237
122	238
123	239
124	240
125	241
126	242
127	243
128	244
128A	245
Part XIIIA	Part XVII
Section	Section
128B	246
128C	247
128D	248
128E	249
128F	250
128G	251
128H	252
Section	Section
128J	253
128K	254
128L	255
128M	256
128N	257
128P	258
128Q	259
128R	260
128S	261
128T	262
Part XIV	Part XVIII
Section	Section
129	263
130	264
131	265
131A	266
132	267
133	268
133A	269
133B	270
134	271
134A	272
135	273
136	274
136A	275
136B	276
136C	277
137	278
138	279
139	280
140	281
140A	282
Part XV	Part XIX
Section	Section
141	283
142	284
143	285
144	286
Part XVI	Part XX
Section	Section
145	287
146	288
147	289
148	290
149	291
150	292
151	293
152	294
153	295
153A	296
153B	297
153C	298
153D	299
153E	300
153F	301
153G	302
153H	303
153J	304
153K	305
153L	306
153M	307
153N	308
153P	309
153Q	310
153R	311
153S	312
153T	313
153U	314
153V	315
153W	316
153X	317
153Y	318
153Z	319
153ZA	320
153ZB	321
Part XVII	Part XXI
Section	Section
154	322
155	323
156	324
157	325
158	326
159	327
160	328
161	329
162	330
163	331
164	332
164A	333
164B	334
165	335
167	336
168	337
169	338
170	339
171	340
171A	341
172	342
173	343
174	344
175	345
176	346
177	347
179	348
180	349
181	350
181A	351
Part XVIII	Part XXII
Section	Section
182	352
183	353
184	354
185	355
186	356
Section	Section
186A	357
187	358
188	359
189	360
190	361
191	362
192	363
193	364
194	365
194AA	366
194A	367
195	368
196	369
197	370
198	371
199	372
200	373
201	374
202	375
203	376
204	377
205	378
206	379
207	380
208	381
Part XIX	Part XXIII
Section	Section
209	382
209A	383
209B	384
210	385
211	386
213	387
215	388
216	389
216A	390
216B	391
217	392
Section	Section
218	393
218A	394
Section	Section
219	395